Matthew Ewens, Managing Associate, Dispute Resolution

Matthew Ewens

Managing Associate

Personal Profile

Matthew is a Managing Associate in the White Collar Crime and Investigations Group within the Litigation department.

Matthew has extensive experience representing both individuals and corporates in cross-jurisdictional bribery, corruption and complex fraud matters. Matthew is regularly instructed to advise in all areas of associated litigation including restraint, civil fraud, confiscation and civil recovery proceedings and has particular expertise in judicial review and the challenge of search warrants. Matthew also has experience of providing early advice to clients in both criminal and civil matters prior to the commencement of litigation and where there are parallel criminal factors to consider.

Matthew is currently instructed in relation to a number of SFO investigations as well as advising corporates regarding approaches by law enforcement in the UK and US for assistance under their respective compulsory powers. Matthew has recently represented professional clients in interviews before the FCA and the FRC.

Matthew was recognised by the Legal 500 in 2015 as ‘A star of the future with an excellent background in both civil and criminal law’ and prior to joining Mishcon from a boutique fraud firm he was involved in a number of high profile matters including representing the lead defendant in a prosecution of a huge HMRC tax fraud (Operation Amazon), a lead suspect in the SFO's investigation of ENRC and assisting in a number of high profile search warrant challenges.

Matthew is a member of the European Criminal Bar Association (ECBA), European Fraud and Compliance Lawyers (EFCL), Fraud Lawyers Association (FLA), Defence Lawyers' Extradition Forum (DELF) and the Junior London Solicitor Litigation Association (JLLSLA).

Key Experience

  • Bribery/Corruption /Fraud
    • R v G – currently representing the founder and former CEO of a UK limited company accused by the Serious Fraud Office of making corrupt payments to a foreign public official.

    • R v R & Others – an ongoing investigation by the SFO into allegations of bribery of contractors. 

    • A v P Ltd – Acting on behalf of a UK company in successfully defending a private prosecution for various trademark offences brought on behalf of a well-known global technology company based in the US. The case was eventually taken over by the CPS who offered no evidence following early and robust representations made on behalf of the client.

    • Re J – providing advice to a UK wealth management firm regarding money laundering and enquiries by UK and US law enforcement.

    • R v J - Successfully defended a senior executive of JJB PLC against a prosecution brought by the SFO concerning his part in aiding and abetting another to mislead the market in respect of a capital raising venture.

    • R v W – Representing the first English professional cricketer to be charged with corruption. The case concerned the acceptance of money in exchange for underperformance to facilitate ‘spot-fixing’. Also representing the same client in regulatory proceedings before the English Cricket Board.

    • MHRA v IG – Successfully defending a client charged in a large scale international conspiracy to supply imitation pharmaceutical drugs (Operation Singapore). Considered by the prosecution to be the most serious breach of EU medicines control at the time.

  • Civil Litigation and Advice
    • Acting for clients and companies in relation to freezing order proceedings as stand-alone actions or those linked to criminal investigations as well as advising clients and interested third parties in proceedings brought under Part V of the Proceeds of Crime Act 2002.

    • G Ltd & Others v G – representing the former owner of a limited company to defend high value claims relating to alleged bribery of a foreign public official.

      C v B – Currently acting for an individual in the pre-action phase of a complex and high value matter concerning allegations of fraud and bribery.

    • Re O – acting for a Dutch company in its defence of an action brought by a Dutch bank for injunctive relief in relation to an Olympic medal winning horse (an asset of the respondent company). The proceedings were successfully concluded resulting in the return of the horse to the Dutch jurisdiction.

  • Judicial Review:
    • Challenges to search warrants and production orders.

    • A v P Ltd – representing a UK corporate in respect of a judicial review brought by a private prosecutor of a decision by the CPS to take over the conduct of proceedings with the intention of offering no evidence. The matter was concluded successfully.

    • HMRC v G & Others – Representing company directors and individuals in relation to actions for judicial review, resisting applications pursuant to s.59 Criminal Justice and Police Act 2001 claims and subsequent Supreme Court petitions, against the backdrop of proceedings where HM search warrants, restraint and receivership orders obtained by HMRC in a multi-million pound money laundering investigation had been quashed by the High Court and Court of Appeal

  • Appellate proceedings
    • R v R & Others [2015] EWCA Crim 1941 – Acting for a defendant in criminal fraud proceedings in relation to the prosecution's appeal of the Crown Court's decision to stay the indictment as an abuse of process. The Court of Appeal (Sir Brian Leveson, Gross LJ and Fulford LJ) took the opportunity to provide guidance in relation to disclosure in cases involving significant volumes of electronic material.

    • R (O) v Crown Court at Harrow [2007] 1 A.C. 249, House of Lords – Interrelation of Article 5(3) of the Convention for the Protection of Human Rights and s.25 of the Criminal Justice and Public Order Act 1994.

    • R v O [2009] EWCA Crim 905 – appeal following a 6 month trial. Conviction quashed on the basis that that bad character evidence adduced at trial rendered the trial unnecessarily complex for the jury.

  •  Extradition
    • Representing individuals facing extradition proceedings arising out of requests from the United Kingdom as well as from other requesting States from within and outside of the European Union.

Career History

Managing Associate, Mishcon de Reya LLP
Associate, Mishcon de Reya LLP
Solicitor, Blackfords LLP
BPP Law School, Qualified Lawyers Transfer Test
College of Law, Bar Vocational Course
University of Hertfordshire, LLB (Hons)

Articles and Publications

Draft 4th Amendment to the Money Laundering Directive - Beneficial ownership in the spotlight

Joint Enterprise following R v Joggee; Ruddock v The Queen [2016] UKSC 8

Why companies should prepare to review their anti-bribery and corruption policies

Latest

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